1. INTRODUCTION
These Terms & Conditions (“T&C”) are an agreement between the user ("You") and PT Motor The Next Door ("Us"), a limited liability company validly established and operating under the laws of the Republic of Indonesia. These T&Cs govern Your access and use of the application content and products provided by Us and/or Our affiliates (hereinafter collectively referred to as the "Application"), as well as the ordering, payment, or use of services available on the Application provided by Us and/or Our affiliates ("Services").
2. COMMUNICATION
By using our Services, you agree to subscribe to newsletters, marketing or promotional materials, and other information that we may send. However, you may opt out of receiving any or all these communications from us by following the unsubscribe link or by sending an email to info@motornextdoor.com.
3. PURCHASING
If you wish to purchase any product or service available through the Services ("Purchase"), you may be required to provide certain information relevant to your Purchase. You represent and warrant that:
- You must use the payment method of Xendit in connection with any Purchase
- The information you provide is true, correct, and complete. We may use third- party services to facilitate payment and completion of Purchases. By submitting your information, you grant us the right to provide such information to such third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in product or service descriptions or pricing, errors in your order, or any other reason. We reserve the right to refuse or cancel your order if fraud or unauthorized or illegal transactions are suspected.
- Third parties are obliged to facilitate all payments and purchases in a safe and convenient manner for our users.
- If in this case, the third party does not carry out its obligations in facilitating payments and purchases, we will strictly sanction the termination of the work contract with our party.
- If there are problems with payment, please contact us via email: info@motornextdoor.com.
4. CONTESTS AND PROMOTIONS
Contests or promotions (collectively, "Promotions") provided through the Service may be governed by rules separate from these Terms of Service. If you participate in any Promotion, please review the applicable rules and our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will prevail.
5. USE OF APPLICATION AND SERVICES
- Access and use of the Application is subject to these T&C. You have full freedom to choose to use the Application or other applications, use the Services available on the Application or not, or stop using the Application.
- We only facilitate you to find the various Services you need by providing the Application. All Services are provided directly by independent third parties who agree to become Our partners ("Service Providers").
- When ordering Services, the Application will connect You with Service Providers available in the vicinity of Your location. As such, some Services may not be available if You do not enable the location determination feature.
- Furthermore, if the Service Provider accepts Your order, we will inform the status of Your order through the Application
- We will assume that You have agreed to these T&Cs by using the Services provided.
6. FEE AND PAYMENT
- The download of Our Application is free of charge. However, we may charge fees for the use of certain features of the Application later.
- Services available on the Application are subject to fees which You can find on the Application before You order the Services. We may change or update such fees from time to time based on certain factors, including location, time, type of Service and applicable Laws and Regulations. We may also charge prices and/or fees in certain amounts as payment for the use of the Application that may be imposed by Us, Our affiliates, or Service Providers. For the avoidance of doubt, Applicable Legislation means all laws, statutes, regulations, rules, regulatory policies, ordinances, protocols, industry codes, road traffic codes, permits or regulatory requirements of any court, tribunal or government, authorisation, rule, authority or judicial, administrative, or regulatory body, in force from time to time during the term of these T&C. to time during the term of these T&C ("Applicable Laws and Regulations").
- You may make payments for the Services, Third Party Content or Offerings that you access or through electronic payment methods, provided by independent third parties ("Payment Method Providers"), on the Application, including electronic money, loan facilities, corporate billing (by using an authorised user account linked to your corporate account) debit or credit cards.
- Payment methods ("Payment Methods") which may change at any time at our discretion.
- To be able to make a payment through a Payment Method, you must be officially registered with your chosen Payment Method Provider and use your own payment credentials. If You use another party's registered credentials, you are solely responsible for all necessary permissions and all losses or disputes arising between You and such other party, whether due to Your negligence or fault, Us, Service Providers, Third Party Content Providers, Offer Providers, or Payment Method Providers.
- We reserve the right to refuse or delay forwarding Your payment request through the Payment Method for certain reasons, including but not limited to any indication that We have sufficient reason to suspect fraud, fraud, violation of T&C, violation of Applicable Laws and Regulations including those related to card payment instruments, electronic money, payment transaction processing, anti-money laundering, corruption and prevention of terrorism financing, or other improper or suspicious actions, including non-fulfillment of Your obligations to Us.
- We will make a notification before submitting a full decision on whether you agree with the offer price.
- Further terms regarding fees applicable to certain Services, Third Party Content, Offers, and/or Payment Methods can be found in the additional T&C of the Service you are ordering and the terms and conditions of the Service Provider, Third Party Content Provider, Offering Provider and/or Payment Method Provider and be responsible for the security of the devices you use.
7. ACCOUNT
- Your Account may only be used by You and may not be transferred to another person for any reason. We reserve the right to refuse to facilitate an order if We know or have sufficient reason to suspect that You have transferred or allowed Your Account to be used by another person.
- The security and confidentiality of Your Account, including Your registered name, registered email address, registered mobile phone number, payment details and Payment Method chosen by You, as well as verification codes generated and sent by our system, or the Payment Method Provider is entirely your personal responsibility. All losses and risks arising from Your negligence in maintaining the security and confidentiality as intended will be Your own responsibility. In such case, we will consider any use or order made through Your Account as a valid request from You.
- Notify Us immediately if You know or suspect that Your Account has been used without Your knowledge and consent. We will take such action as We deem necessary and practicable against such non-consensual use.
8. DATA SECURITY
The confidentiality of your Personal Information is very important to us. We will make our best efforts to protect and secure your Personal Information from access, collection, use, or disclosure by unauthorized persons and from unlawful processing, accidental loss, destruction, and damage, or similar risks. However, the transmission of information over the internet is not completely secure. While we will use our best efforts to protect your Personal Information, you acknowledge that we cannot guarantee the integrity and accuracy of Personal Information that you transmit over the internet or guarantee that such Personal Information will not be intercepted, accessed, disclosed, altered, or destroyed by unauthorized third parties, due to factors beyond our control. You are responsible for maintaining the confidentiality of your Account details and you must not share your Account details, including your password and One Time Password (OTP) with anyone, and you must always maintain and be responsible for the security of the devices you use.
9. DATA RETENTION
Your Personal Information will only be retained for as long as necessary to fulfill the purposes for which it was collected or for as long as such retention is required or permitted by Applicable Laws and Regulations. We will cease to retain Personal Information or delete the purpose of Personal Information relating to you as an individual as soon as it is deemed that the purpose for which Personal Information was collected is no longer required by retaining such Personal Information and retention is no longer necessary for business purposes or legally.
10. CONTENT, INFORMATION AND PROMOTION
- We or other parties in collaboration with Us may provide third-party content that You can find on the Application. If Third Party Content is provided by other parties.
- Parties in collaboration with Us ("Third Party Content Providers"), We are not responsible for any part of the content of such Third-Party Content. Your access or use of such Third-Party Content constitutes Your agreement to be subject to the terms and conditions set forth by Us or the Third-Party Content Provider, including Our Privacy Notice or the Third-Party Content Provider's privacy policy.
- Third Party Content is any and/or all information and offers of goods and/or services, created and/or compiled and/or developed and/or managed by Third Party Content Providers including but not limited to text or writing, images, quotations or excerpts, photographs, illustrations, animations, videos, sound recordings or music, titles, descriptions and/or data of any kind provided by Third Party Content Providers. For the avoidance of doubt, Third Party Content also includes any and/or all offers of goods and/or services, information, data, actual news, writings, drawings, quotations, photographs, illustrations, animations, videos, sound recordings, obtained by Third Party Content Providers from third parties, where Third Party Content Providers have the authority to use and distribute these contents.
- We or other parties in collaboration with Us may provide offers or promotions ("Offers") that can be exchanged for goods, Services, or other benefits related to the use of the Application. If the Offer is provided by other parties in collaboration with Us ("Offer Provider"), We are not responsible for any part of the content of the Offer. Your access or use of the Offer constitutes Your agreement to be subject to the terms and conditions set forth by Us or the Offeror, including Our or the Offeror's Privacy Notice.
- All information and offerings contained in the Application are only intended to provide You with the best experience when using the Application or Service. You are not allowed to misuse the Offer that You receive during the use of the Application or Service.
- You agree to use the Offer in accordance with the terms, conditions, and intent of the offer and will not abuse, duplicate, monetize, transfer, use for commercial purposes, or take unfair advantage of the promotion in any form or manner.
- You understand that Offers are not redeemable, have a limited validity period, and are subject to the conditions applicable to each such Offer.
11. PROHIBITED USES
You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use the Service:
- In any manner that violates any applicable national or international laws or regulations.
- Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- Send or solicit the sending of any advertising or promotional material, including "junk mail", "chain letters", "spam", or other similar requests.
- Impersonate or attempt to impersonate the Company, Company employees, other users, or any other person or entity.
- In any way that violates the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- Engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by any person, or which, as determined by us, may harm or offend the Company or users of the Services or expose them to liability.
In addition, you agree not to do so:
- Use the Service in any manner that could disable, overburden, damage, or interfere with the Service or interfere with any other party's use of the Service, including their ability to engage in real-time activities through the Service.
- Use robots, spiders or other automated devices, processes or means to access the Services for any purpose, including monitoring or copying any material on the Services.
- Use any manual process to monitor or copy any material on the Services or for any other unauthorised purpose without our express written consent.
- Use any device, software or routine that interferes with the functioning of the Services.
- Introduce viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- Attempt to gain unauthorised access to, interfere with, damage, or disrupt any part of the Services, the servers on which the Services are stored, or any servers, computers or databases connected to the Services.
- Attacking the Service through a denial-of-service attack or a distributed denial-of- service attack.
- Take any action that may damage or falsify the Company's rating.
- Otherwise, try to interfere with the proper working of the Service.
12. NOT TO BE USED BY MINORS
The Service is only intended for access and use by individuals who are at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years old and have full authority, right, and capacity to enter into this agreement and comply with all terms and conditions of the Terms If you are not eighteen (18) years old, you are prohibited from accessing and using the Service. PT. MOTOR NEXT DOOR is not responsible for any consequences and/or matters arising from access activities carried out by users who are not 18 (eighteen) years old.
13. PERSONAL INFORMATION
The collection, storage, processing, use and sharing of your personal information, such as identity data, contact data and location data that you provide when opening an Account is subject to the Privacy Notice, which is an integral part of these T&C.
14. APPLICATION SOFTWARE
We only provide official Application software on authorised digital marketplaces, such as Google Play Store or Apple App Store, and only for use on mobile phones or tablet devices. Downloading the Application from anywhere other than the authorised digital marketplaces and/or to devices other than mobile phones or tablets is a breach of these T&Cs and Our intellectual property rights. Use of devices outside the provisions is not Our responsibility including with Your personal data registered through external devices.
15. LANGUAGE
These T&Cs may be made in both Bahasa Indonesia and English, in the event of any discrepancy between Bahasa Indonesia and English, the Bahasa Indonesia version shall prevail and all discrepancies in the English version shall be deemed to have been amended and adjusted to the Bahasa Indonesia version.
16. SAFETY AND SECURITY
We use your data to ensure the safety and security of our Services and all users. This includes:
- Screening drivers and delivery partners before allowing them to use our Services.
- Identifying unsafe driving behaviour such as speeding, harsh braking and acceleration, and providing personalised feedback to driver partners.
- Verify your identity when you log into the App.
- Use your device, location, profile, usage and other Personal Data to prevent, detect and combat fraud or unsafe activity.
- Monitoring compliance with our terms and conditions and policies.
17. ERROR REPORTING AND FEEDBACK
You may provide information and feedback to us either directly at Info@motornextdoor.com or through third-party sites and tools regarding errors, improvement suggestions, ideas, problems, complaints, and other matters relating to our Services ("Feedback"). You acknowledge and agree to this:
- You may not retain, acquire, or assert any intellectual property rights or any other right, title, or interest in or to the Feedback.
- The Company may have developed ideas similar to the Feedback.
- The Feedback contains no confidential or proprietary information of yours or any third party.
- The Company has no obligation to maintain confidentiality regarding the Feedback. If transfer of ownership of the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free, licensable, unlimited, and perpetual right to use (including copying, modifying, creating derivative works, publishing, distributing, and commercialising) the Feedback in any manner and for any purpose.
18. YOUR DECLARATION
- You represent and warrant that you are at least 18 (eighteen) years old or married and not under guardianship or conservatorship and you legally have the capacity and right to bind yourself to these T&C. If you do not fulfil these conditions but still access or use the Application, Services, Third Party Content, Offers or Payment Methods, you represent and warrant that your actions to open, access or perform other activities in the Application have been approved by your parents, guardian, or custodian. You expressly waive any rights under Applicable Laws and Regulations to cancel or revoke all consents given by You under these T&C at such time as You are deemed to be of legal age.
- You agree to access or use the Application, Services, Third Party Content, Offerings or Payment Methods only for the purposes specified in these T&C and not to misuse or use the Application, Services, Third Party Content, Offerings or Payment Methods for the purpose of fraud, causing inconvenience to others, making false orders or other actions that can or are considered to be able to cause harm in any form to others.
- You understand and agree that all risks arising from the use of the Application, Services, Third Party Content, Offers and Payment Methods are entirely Your responsibility and You hereby agree to release Us from any claims whatsoever in connection with damage, disruption, or other forms of system disruption caused by unauthorised access by other parties.
19. YOUR RESPONSIBILITY
You are solely responsible for the decisions You make to use or access the Application, Services, Third Party Content, Offers or Payment Methods. You must treat Service Providers, Third Party Content Providers, Offer Providers and Payment Method Providers with respect and must not engage in unauthorised, threatening, or abusive behaviour or actions when using the Services, Third Party Content, Offers or Payment Methods.
20. LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled by PT. MOTOR NEXT DOOR has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not guarantee the offerings of the entities/individuals or their websites. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY, OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
21. WARRANTY DISCLAIMER
THIS SERVICE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SERVICE, ITS CONTENT, AND ANY SERVICES OR GOODS OBTAINED FROM US IS AT YOUR OWN RISK. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR GOODS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT THE SERVICE OR THE SERVERS THAT MAKE IT FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY GOODS OBTAINED THROUGH THE SERVICE WILL MEET YOUR NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY INDIRECT SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER ARISING (INCLUDING ATTORNEYS' FEES AND ALL COSTS AND EXPENSES RELATED TO LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORT ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF THIS
AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAW, STATUTE, RULE, OR REGULATION, EVEN IF THE COMPANY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE PROHIBITED BY LAW, IF ANY LIABILITY IS FOUND ON THE PART OF THE COMPANY, IT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND IN NO EVENT SHALL THERE BE ANY CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
23. DAMAGES & COST
- In the event of an accident, the full damage deposit will be taken from your credit card until a repair estimate is received.
- In the event of an accident that causes our vehicle to be deemed unroadworthy and it is the fault of the client, the rental contract will be terminated immediately without refund. The client will be notified by email or phone regarding the cost of repairs and the refund to be returned. Please note that by opting for our vehicle Insurance, you will not have to pay any additional fees.
- We are not liable for damage, loss, injury, or death suffered by the renter driving the vehicle and any other person involved in the accident.
- The driver is responsible for tyre damage.
24. INTELLECTUAL PROPERTY RIGHTS
The Application and Services, including but not limited to, names, logos, programme codes, designs, trademarks, technologies, databases, processes, and business models, are protected by copyrights, brands, patents and other intellectual property rights existing under the laws of the Republic of Indonesia registered in Our name or Our affiliates. We (and Our licensors) own all rights and interests in the Application and Services, including all intellectual property rights related to all features contained therein and related intellectual property rights.
You may not:
- Remove any copyright, trademark or other proprietary rights notices contained in the Application.
- Copy, modify, adapt, translate, create derivative works from, distribute, licence, sell, transfer, display to the public in whole or in part, reverse engineer, transmit, move, broadcast, decipher or disassemble any part of or exploit the Application (including the software, features and Services therein).
- Licence, sublicense, sell, resell, transfer, assign, distribute or commercially exploit or otherwise make available the Application and/or software to others by creating an internet link to the Application or "framing" or "framing" the Application. Application or "framing" or "mirroring" any software on other servers or wireless or internet-based devices.
- Launch any automated programs or scripts, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any programs that may make multiple server requests per second, create a heavy load or impede the operation and/or performance of the Application.
- Use any site search or retrieval applications, other manual or automated devices to scrape, index, survey, mine data, or in any way manufacture or circumvent the navigational structure or presentation of the Application or its contents.
- Publish, distribute, or reproduce in any way material protected by copyright, trademark, or other information owned by Us without Our prior written consent or the rights owner licensing such rights to Us.
25. TAXES AND FEES
Each party is responsible for all tax obligations and other costs incurred in connection with the implementation of these T&Cs.
26. TROUBLESHOOTING
If You experience a system interruption, you or suspect that Your Account has been hacked, used, or misused by another party, or if Your personal mobile phone or tablet device is lost, stolen, hacked, or affected by a virus, immediately report the matter to Us so that We can immediately take the necessary actions to avoid use, misuse, or losses that arise or may arise further.
27. TERMINATION
We may terminate or suspend Your account and prohibit access to the Services immediately, without prior notice or liability, in Our sole discretion, for any reason and without limitation, including but not limited to breach of the Terms. If you wish to terminate your account, you may discontinue using the Service. All provisions of the Terms that by their nature should survive termination will survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnities, and limitations of liability.
28. TEMPORARY FREEZE AND PERMANENT FREEZE OF ACCOUNT
You may delete the Application from your mobile phone and/or tablet at any time. We shall not have any liability to You for matters arising from the deletion of the Application, temporary freezing, or permanent freezing of Your Account. However, you remain responsible for settling your obligations that have arisen, including but not limited to, any obligations that may arise from disputes, claims, or other legal actions that have existed, prior to the date of deletion of the Application, temporary freeze, or permanent freeze of your Account.
29. RESTRICTIONS
The User is prohibited, by any means and in any form, to use the PT. MOTOR DOOR NEXT Platform to:
- Reproduce, copy, duplicate, distribute, sell, transmit, commercially exploit, or create any derivative works or materials taken from or based on the Application.
- Reverse engineer, data mine, or access any software or perform any program that may harm or inhibit the operation and/or performance of the PT Motor Next Door Platforms.
- Accessing the PT Motor Next Door Platform through any manual device or automated means, including "robots", "spiders", or "offline readers" for any purpose that could be harmful.
- Upload anything that contains software viruses, worms, trojan horses, or other malicious computer code, documents/files, scripts, agents, or programs.
- Post, upload, transmit, or link to content related to pornography, religion, racism, sarcasm, insults, misleading, defamation, hatred, discrimination, harassment, harm to others, or other immoral acts.
- exploit or harm minors.
- take any action other than those permitted in the Rules of Use, act unlawfully, damage or may damage the reputation, and harm the Parties.
- If you violate Our Restrictions, you will be sanctioned in the form of temporary account termination or suspension and may be subject to account blocking or partner termination.
30. FORCE MAJEURE
The Application may be interrupted by events beyond our power or control ("Force Majeure"), including but not limited to natural disasters, power disruptions, telecommunications disruptions, government policies, and others. You agree to release Us from all claims and responsibilities, if We are unable to facilitate the Service, including fulfilling instructions given by You through the Application, either in part or in full, due to Force Majeure.
31. GOVERNING LAW
These T&Cs are governed by the laws of the Republic of Indonesia.
32. DISPUTE RESOLUTION
All disputes arising from the use of the Application or Service are subject to the exclusive jurisdiction of the Denpasar District Court.
33. CHANGES TO THE SERVICE
We reserve the right to withdraw or change our Services, and any services or materials we make available through the Services, in our sole discretion without notice. We will not be liable if for any reason all or part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
34. AMENDMENT OF TERMS
We may amend the Terms at any time by posting the amended terms on this site. You are responsible for reviewing these Terms periodically. Your continued use of the Platform following the posting of revised Terms will mean that you accept and agree to such changes. You are expected to check this page frequently so that you are aware of any changes, as such changes are binding on you. By continuing to access or use our Services after revisions take effect, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer permitted to use the Services.
35. WAIVER AND TERMINATION
No waiver by Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent so that the remaining provisions of the Terms will continue in full force and effect.
36. OTHER
- You understand and agree that these T&Cs constitute an agreement in electronic form and Your action of pressing the 'register' button when opening an Account or the 'login' button when accessing Your Account is Your active action.
- You agree to bind yourself in an agreement with Us so that the validity of these T&C and Privacy Notice are valid and legally binding and continue to apply if You use the Application and Service.
- You will not make any claim or objection to the validity of the T&C or Privacy Notice made in electronic form.
- You may not assign Your rights under these T&Cs without Our prior written consent. However, we may assign Our rights under these T&Cs at any time to any other party without the need to obtain prior consent from or provide prior notice to You.
- If You do not comply with or violate the provisions of these T&Cs, and We do not act directly, it does not mean that We waive Our right to take the necessary action later.
liThese Terms remain in effect even after a temporary freeze, permanent freeze, deletion of the Application, or after termination of the agreement between You and Us. - If any of the provisions of these T&Cs are unenforceable, it shall not affect the remaining provisions.
37. ACKNOWLEDGEMENTS
BY USING THE SERVICE OR ANY OTHER SERVICE PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
38. HOW TO CONTACT US
You may contact Us by electronic mail to info@motornextdoor.com. All your correspondence will be logged, recorded, and kept as our archives.